AN ACT Relating to the Use of Speed Bumps on Local Roads

UNOFFICIAL COPY AS OF 04/04/18 06 REG. SESS. 06 RS BR 235

AN ACT relating to the use of speed bumps on local roads. Be it enacted by the General Assembly of the Commonwealth of Kentucky: SECTION 1. A NEW SECTION OF KRS CHAPTER 178 IS CREATED TO READ AS FOLLOWS: (1) The legislative body of a county, urban-county government, charter county government, or consolidated local government may authorize the installation of speed bumps on the roads within the boundaries of that local government that have been accepted by that local government as a part of its road system. (2) For the purposes of this section, "speed bump" means a traffic control device that is a part of or in direct contact with the road itself and designed to cause drivers of vehicles to reduce the speed of the vehicle on the section of road on which the speed bump is located. (3) The legislative body of a county, urban-county government, charter county government, or consolidated local government shall indicate its election to use speed bumps on the roads in the local government jurisdiction through the passage of an ordinance. (4) The ordinance shall at a minimum, either directly or through reference, specify the design of the speed bumps, the markings and signs associated with the speed bumps, the procedure for locating and removing speed bumps, and the agency of

the local government responsible for the administration of the location, installation, removal, and maintenance of the speed bumps. (5) All speed bumps shall be clearly marked by markings on the road, or by signs, or a combination of the two. SECTION 2. A NEW SECTION OF KRS CHAPTER 82 IS CREATED TO READ AS FOLLOWS: (1) The legislative body of a city may authorize the installation of speed bumps on its city streets.

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(2) For the purposes of this section, "speed bump" means a traffic control device that is a part of or in direct contact with the street itself and designed to cause drivers of vehicles to reduce the speed of the vehicle on the section of street on which the speed bump is located. (3) The legislative body of a city shall indicate its election to use speed bumps on the city streets through the passage of an ordinance. (4) The ordinance shall at a minimum, either directly or through reference, specify the design of the speed bumps, the markings and signs associated with the speed bumps, the procedure for locating and removing speed bumps, and the city agency responsible for the administration of the location, installation, removal, and maintenance of the speed bumps. (5) All speed bumps shall be clearly marked by markings on the road, or by signs, or a combination of the two. Section 3. KRS 179.070 is amended to read as follows: (1) The county engineer shall: (a) Have general charge of all county roads and bridges within the county; (b) See that county roads and bridges are improved and maintained as provided by law; (c) Supervise the construction and maintenance of county roads and bridges and

other work of like nature undertaken by the fiscal court or a consolidated local government; (d) Make reports as the county, consolidated local government, or fiscal court directs; (e) Advise and direct employees of contractors how best to repair, maintain, and improve county roads and bridges; (f) Examine the various formations and deposits of gravel and stone in the county to ascertain the materials most available and best suited for the improvement

of roads therein, and, when requested by the Department of Highways, submit samples of materials and deposits and make a written report concerning the materials; (g) Establish or cause to be established necessary grades and recommend means of drainage, repair, and improvement; (h) Together with the fiscal court or consolidated local government, consider and either reject or approve plans, specifications, and estimates submitted for the erection or repair of bridges and the construction or maintenance of county roads; (i) Inspect or cause to be inspected each county road or bridge during its construction or improvement, and certify to the fiscal court or the consolidated local government the progress of the work and whether or not the work is being done according to the contract, plans, and specifications prepared therefor. If the work is not being done in accordance with the contract, plans, and specifications, the county engineer may stop any further work thereunder until the fiscal court or consolidated local government has inspected and passed upon it; (j) Remove trees or other obstacles from the right-of-way of any publicly dedicated road when the tree or other obstacles become a hazard to traffic;

(k) Make recommendation to municipal authorities in a county containing a city of the first or second class, the mayor in a consolidated local government, or the county judge/executive of a county containing a city of the first or second class for the establishment of speed limits in accordance with the powers granted to municipal authorities, consolidated local governments, and the county judge/executive by KRS 189.390(5)(a), and make recommendations to the county judge/executive or consolidated local government for the establishment of parking restrictions by the county judge/executive or

consolidated local government in accordance with KRS 189.390(5)(c); and (l) Make engineering and traffic investigations and make recommendations based thereupon to the fiscal court of counties containing a city of the first or second class or consolidated local government for the adoption of traffic regulations for any publicly dedicated road in unincorporated portions of the county or for any road made a portion of a county through road system, established in accordance with KRS 178.330 or 178.333, or both, in any manner reasonably calculated to promote the safety and convenience of the traveling public and to protect and preserve the roads and streets. The fiscal court or consolidated local government may adopt regulations which may include but not be limited to the establishment on roads designated in the first sentence of this subsection, of traffic lanes, the installation or removal of electric signals and other signs and markers, the removal of traffic bumps, the installation or removal of speed bumps and the markings and signs associated with them under the provisions of Section 1 of this Act, the limitation or prohibition of parking, and the regulation or prohibition of a size or weight deemed likely to impede traffic or injure the streets; provided, however, that if such regulation of size and weight of vehicles conflicts with state regulations, the latter shall prevail. Nothing herein shall be construed to prevent the fiscal court or

consolidated local government from contracting with city authorities for the joint installation of signs, markers, speed bumps, and electric signals and for their maintenance. (2) In counties containing a city of the first class or consolidated local government, or when authorized by ordinance of the fiscal court of a county containing a city of the second class, having the services of a county engineer, every person, subdivider, builder, contractor, or developer of any construction project shall submit to the county engineer for his written approval a site development plan providing for the

proper drainage of surface water from the development or construction site so as to prevent flooding of property in the area. If the proposed site plan does not adequately provide for such drainage, the county engineer shall order such changes as necessary before approving the site plan.

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